Cork activist wins ‘free expression’ ruling in High Court

A campaigner against bogus medical treatments has won her High Court challenge against a District Court Judge's order not to post anything on social media which is abusive or offensive to any person.

Fiona O'Leary, who actively campaigns against pseudoscience and treatments offered to people with cancer, and autism, had challenged the condition imposed on her by Judge James McNulty at a sitting of Bandon District Court last January, on the grounds that it breached her right to freedom of expression.

She had challenged the condition by way of High Court judicial review proceedings taken against the Director of Public Prosecutions.

Today, the High Court heard that the action had resolved and that the DPP was consenting to an order quashing the condition.

Judge McNulty sentenced Mrs O'Leary, a mother of five, from Dunmanway Cork to 60 days imprisonment, which he suspended for two years, after she pleaded guilty to an offence contrary to section 13 of the 1994 Criminal Justice Act (Public Order) Act.

She was charged with trespassing on a property located at the Priory Maulatanvally, Reenscreena Rosscarbery, Cork in such a manner as to cause or likely to cause fear in another person.

The prosecution case was based on a statement from a Fr Giacomo Ballini, and the court was informed that Mrs O'Leary had uploaded video footage taken on the premises to social media.

It was claimed that after she pleaded guilty Judge McNulty told Mrs O'Leary that she was entitled to her opinions, but that there were boundaries which are required for civil public discourse and debate.

The judge, it was claimed, also criticised Mrs O'Leary and told her that she had set a bad example to her children.

Rather than fine or sentence Mrs O'Leary to community service, she claimed that the judge imposed a 60-day prison sentence, which he suspended for a period of two years.

The judge also imposed certain conditions including that she keeps the peace, and that for the duration of the two-year period she does not engage in any behaviour in any public place, or public forum, including social media which is abusive or offensive to any person.

Last month West Cork-based Mrs O'Leary, represented by Bernard Condon SC, with Conor McKenna Bl, instructed by Catherine Ghent launched High Court judicial review proceedings against the Director of Public Prosecutions. where she sought various orders and declarations including an order quashing the condition.

CAS RESOLVED

When the matter returned before the High Court today Mr Justice Charles Meenan was told that the case was resolved, and the condition that was challenged can be quashed.

Ms O'Leary said she has campaigned against pseudoscience, including the use of a dangerous product called MMS, being used on persons who have cancer and have been diagnosed with Autism Spectrum Condition for many years.

She said that her activism has resulted in her receiving a lot of abuse and threats, particularly online.

She says that she needs to use social media as part of her activism in order to highlight what she says is misinformation.

She said she does not intend to be offensive or abusive on-line, but if she does express her opinions, which she claims she is entitled to do, she cannot control or decide what others find to be offensive or abusive.

She also claimed that the punishment she received from the District Court imposed restrictions on her rights, and "damages the important work" that she has been doing.